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(영문) 창원지방법원 2015.01.21 2014나417
보증금등
Text

1. Of the judgment of the first instance, the Defendant: 161,290 won to the Plaintiff and 5% per annum from April 21, 2013 to January 21, 2015.

Reasons

1. Basic facts

A. On April 21, 2011, the Defendant leased a building C (Road Name D: Seopo-si: Seopo-si) ground (hereinafter the instant building) from the Plaintiff as the lease deposit amount of KRW 6 million, monthly rent of KRW 500,000, and KRW 24 months from the lease term date.

(hereinafter referred to as the “instant lease contract”).

When entering into the instant lease agreement, the Defendant paid KRW 3 million out of the lease deposit to the Plaintiff, and agreed to pay the remainder KRW 3 million of the lease deposit up to June 20, 201, but did not pay it.

(In the absence of dispute, entry in Gap evidence 1 and 2, and purport of the whole pleading)

2. The Plaintiff’s assertion did not pay the remainder of the lease deposit KRW 3 million by the agreed date, and on December 21, 201, the Defendant unilaterally performed the instant lease agreement by failing to pay monthly rent after the delivery of the instant building to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit KRW 3,00,000, ② the unpaid rent of KRW 8,000,000 due from December 22, 2011 to April 20, 2013 (i.e., monthly rent of KRW 500,000 x 16 months) (i.e., monthly rent of KRW 500,00), ③ electricity fee of KRW 127,630, ④ Water supply charges of KRW 126,120, ⑤ Water supply charges of KRW 90,00,00, total amount of KRW 12,243,750 (i.e., KRW 3,00,000,000, KRW 8,000, KRW 630,126,90, KRW 90, and delay damages).

3. Determination as to the cause of action

A. According to the facts as seen earlier prior to the unpaid rent, the Defendant is obligated to pay the Plaintiff the rent of KRW 8,000,000 for a 16-month period from December 22, 2011 to April 2013, 201, the Plaintiff is seeking pursuant to the instant lease agreement, barring any special circumstances. (i.e., monthly rent of KRW 500,000 x 16 months) and delay damages therefrom.

B. The Plaintiff, including the remaining lease deposit, shall be KRW 3,000,000, and the remaining lease deposit.

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